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A hearing may be requested in writing by any user deeming itself aggrieved by any notice of violation, order, surcharge or action on a permit by the superintendent within thirty (30) calendar days after the notice of violation, order, notice of a surcharge, or action on a permit has been served upon such user. The request for a hearing shall be submitted to the superintendent in writing and the superintendent shall provide written response outlining further actions within thirty (30) days of receipt of the request for hearing. (Ord. 4261, 10-6-1997)
A. Conditions For Revocation: Any user who violates this chapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked in accordance with the procedures of this section: (Ord. 5267, 3-2-2015)
1. Failure to accurately report the wastewater constituents and characteristics of its discharge;
2. Failure of the user to report substantial changes in process activity or in volume or character or pollutants being introduced into the POTW at least ninety (90) days prior to such change;
3. Tampering with monitoring equipment;
4. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling;
5. Violation of permit conditions;
6. Violation or breach of any treatment agreement;
7. Failure to report an upset, failure and/or bypass of user's pretreatment facilities;
8. Failure to pay fines, fees or sewer users charges;
9. Failure to follow enforcement orders or compliance of schedules;
10. Failure to correct a condition that impedes or alters the POTWs ability to monitor the user's discharge or has the potential to cause interference or pass-through.
B. Procedures For Revocation:
1. Any permit issued to a user pursuant to this section may be revoked for any action which is subject to revocation under subsection A of this section. No revocation shall be issued except upon notice delivered to the users by mailing the notice in the regular mail at the address listed on the wastewater discharge permit, a minimum of ten (10) days prior to the date set for hearing before the superintendent or his designee. Such notice shall inform the user of the time, date and place of the hearing, the purpose of the hearing and shall set out the reasons therefor;
2. If, after having a hearing, the superintendent makes a finding based on substantial evidence that action subject to revocation under subsection A of this section, has occurred as alleged, the superintendent may suspend, continue suspension of or revoke the permit; the determination of such action shall be in the discretion of the superintendent and shall be dependent upon the circumstances surrounding violations by the user of subsection A of this section and their severity;
3. The decision of the superintendent to suspend, continue suspension or to revoke the permit of a user whose discharge occurs within the city may be appealed to the city council. The decision of the superintendent to suspend, continue suspension or to revoke the permit of a user whose discharge occurs within another constituent community may be appealed to the city council. In order to appeal such decision, written notice of appeal must be filed with the city clerk within three (3) days after receipt of the decision. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the decision of the superintendent;
4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. An appeal hearing before the city council shall be scheduled at or before the next regular city council meeting, if such notice is received by five o'clock (5:00) P.M. on the Wednesday before the next regular city council meeting. If notice is not received by the above designated time, the hearing will be scheduled at or before the next following city council meeting, if notice is received within three (3) days after receipt of the decision by the superintendent. The hearing may be continued for good cause. The hearing shall be confined to the record made before the superintendent and the arguments of the parties or the representatives, but no additional evidence shall be taken. After such hearing, the city council may affirm or reverse the order of the superintendent. Such written decision shall be filed with the city clerk within three (3) days after the hearing, or any continued session thereof;
5. A user whose permit has been revoked shall not be eligible for another permit until thirty (30) days after the violating conditions have been corrected to the satisfaction of the superintendent. (Ord. 4261, 10-6-1997)
If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the court of this county. (Ord. 4261, 10-6-1997)
Each and every day, or portion thereof, of any violation of this chapter or a use permit or a final order issued under this chapter by any user shall constitute a separate and new violation by such user and shall be punishable as herein provided for civil and criminal penalties. (Ord. 4261, 10-6-1997)
A. When ordered by the city council or when fees and surcharges remain unpaid ninety (90) days after having been billed, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants at the address of the building being served by the city:
NOTICE OF INTENT TO TERMINATE SERVICE
You are hereby notified that due to (insert reason for termination), the wastewater service to the building located at (insert address) will be terminated within thirty (30) days hereafter unless you have corrected the above situation. Your service will be disconnected and your building will be red-tagged as unfit for human occupancy on the thirty-fifth (35th) day after date of this notice. Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
B. The city hereby declares that it is against public policy for a building to be occupied by human inhabitants which has been red-tagged by the waste management services department after appropriate notice has been given that the building is "a public nuisance and unfit for human occupancy".
C. In the event that such user fails to correct the cause for the above notice, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants of the building and also affixed to the building or housing unit within a building:
NOTICE OF TERMINATION
You are hereby notified that there has been no response to the Notice of Intent to Terminate Service and the thirty (30) day period stated therein has lapsed. You are hereby notified that on (here insert date five days after service of this notice), the city will physically disconnect the building sewer to your building from the sewage system to which it is connected and will red-tag the building located at (here insert address) as "unfit for human occupancy."
Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
D. The manner of severance and procedure for disconnection shall be determined by the waste management services department. Upon completion of said disconnection, the administrator shall forward to the occupant of the building by registered mail, return receipt requested, certified mail, or personal service a bill for the cost of making the disconnection, including all costs for labor and materials and a one hundred dollar ($100.00) service charge for city supervision. (Ord. 4482, 5-29-2001)
A. Upon payment to the city of any delinquency in full, plus penalties, plus the cost of the disconnection and the one hundred dollar ($100.00) city supervision fee, and an inspection by the administrator to determine whether the original cause for termination has been corrected, the city will issue a permit for reconnection of the building service line to the POTW. Such reconnection costs, plus inspection fees for the city in accordance with the provisions of this chapter, shall be at the sole expense of the user.
B. Upon reconnection and payment of all costs described above, the city, through its agents, shall remove the red tag from the building and the building shall, so far as the city is concerned, be "fit for human occupancy". (Ord. 4261, 10-6-1997)
A. In addition to remedies available to the city set forth elsewhere in this chapter, if the city is notified of a violation or fined by the IDNR or USEPA for violations of the city NPDES permit or violations of water quality standards as the result of a discharge of pollutants by identifiable user(s), then the fine, including all city legal, sampling, analytical testing, costs and any other related costs shall be charged to the responsible user(s). Such charge shall be in addition to any other remedies the city may have under this chapter, at law or in equity.
B. If the discharge from any user results in a deposition, obstruction, damage or other impairment to the POTW, the user shall become liable to the city for any expense, loss or damage caused by the violations or discharge. The city may add to the user's charges and fees the cost assessed for any cleaning or repair, or replacement work caused by the violations or discharge. (Ord. 4261, 10-6-1997)
A. Violations, Public Nuisance: Violations of this chapter, a permit or a final order are hereby declared to constitute a public nuisance.
B. Surcharges: In addition to prosecution and the imposition of penalties for violations, a user violating this chapter, a permit or a final order shall be subject to one or more surcharges in accordance with this chapter.
C. Civil Judicial Relief: The superintendent is hereby empowered, with the city attorney, to institute legal proceedings in a court of competent jurisdiction of the abatement of any nuisance, and to seek relief for violations of this chapter, a use permit or a final order. The superintendent may seek temporary or permanent injunctive relief, damages, civil penalties not to exceed one thousand dollars ($1,000.00) per day per violation, costs and such other relief as a court may order. The superintendent may also seek collection of unpaid surcharges and penalties from the user.
D. Cumulative Remedies: The imposition of a single penalty, order, damage or surcharge upon a user for a violation of this chapter, a permit or a final order shall not preclude the imposition by a court of competent jurisdiction of a combination of any or all of the sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable statutory limitations. A criminal citation and prosecution of a criminal action against a user shall not be dependent upon or held in abeyance during any civil, judicial or city administrative proceeding, conference or hearing regarding the user. (Ord. 4261, 10-6-1997)
E. Criminal Penalties: Any user who is found to have violated an order of the city council or who wilfully or negligently failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder, shall be punished by a fine as provided in the general penalty in section 1-3-1 of this code for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and agreements issued hereunder. (Ord. 4261, 10-6-1997; amd. 2001 Code)
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